New eforms (digital public procurement notices) will be available for use on eTenders from 25 October 2023. The standard forms currently used to publish procurement notices will no longer be available for above threshold competitions from this date. To support contracting authorities, the OGP has developed guidance on navigating the new above threshold eforms on eTenders. This can be found here. Further information on the implementation of the new above threshold eforms is here. Information on corresponding the new and old notices is provided below.
eForms Implementing Regulation 2022/2303 is currently being amended to provide a legal basis for new voluntary eforms and a new, above threshold, contract modification notice for procurements made under the Defence Regime. It will also see the introduction of measures to accommodate reporting on the Foreign Subsidies Regulation (FSR), International Procurement Instrument (IPI) and recast Energy Efficiency Directive (EED).
Of the voluntary eforms available for adoption, Ireland is proposing to adopt a preliminary market consultation (PMC) eform and two below threshold eforms, namely a contract notice and contract award notice. By doing so, Ireland will implement the same standard for all procurement notices meaning buyers only need to learn one standard. To support reporting in relation to FSR, IPI and EED (recast), Ireland is proposing to add these new fields to our above threshold eforms.
We are asking for observations on the adaptations to the new eforms to be implemented in 2024. More detailed information on these is provided below.
Observations should be returned by 24 October 2023 . Email eforms@ogp.gov.ie and include the words ‘obs on new eforms for 2024’ in your email’s subject line.
Amendments to eforms to be implemented in 2024 are detailed in an Annex (below). The new contract modification form (E6) for use in the Defence regime is mandatory for use and will be implemented without adaptation. The other new eforms to be implemented in 2024 will be simplified and shortened for use in Ireland with adaptations available for review below.
eForms - Contents of Proposed Below Threshold and PMC Ireland - 25 September 2023.xls
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The PMC * (E1) is suitable for all competitions regardless of threshold or regime and can be published in the OJEU. Below threshold eforms (E3 and E4) are intended for publication on eTenders and will not be automatically published in the OJEU. These will include the same new data fields on strategic procurement being implemented on the equivalent above threshold eforms. When implemented, these eforms will be the only means of publishing on eTenders notices for below threshold competitions.
Note : the below threshold contract award notice can be used to publish award information on competitions run outside of eTenders and above certain financial thresholds outlined in Circular 05/23 and, for awards made off frameworks or dynamic procurement systems (DPS).
FSR, IPI and EED (recast)
The use of eforms for reporting on the FSR, IPI and the pending EED (recast) has been established by the European Commission. New data entry fields (business terms) to allow for reporting will be introduced to above threshold competition and result notices in 2024. These new fields are currently optional for use with some conditionally mandatory depending on the information returned as a given notice is being generated. Ireland proposes to include these new fields without adaptation with the exception of new fields introduced in relation to the EED (recast).
The anticipated publication date of the amended Implementing Regulation is end October 2023. In 2024, Members States will have an as yet unspecified period of time in which to implement changes arising from the amended eforms Implementing Regulation.
General policy-related queries: eforms@ogp.gov.ie .
Observations on new eforms to be introduced in 2024: eforms@ogp.gov.ie . Include the words ‘obs on eforms 2024’ in your email’s subject line.
Implementing Regulation 2022/2303 https://ec.europa.eu/docsroom/documents/52697
Latest update - 24 October 2023 (revision to paragraph 1 – Implementation 2023).